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(영문) 수원지방법원 2013.08.20 2012가합16882

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 126,429,004 to the Defendant (Counterclaim Plaintiff) and its amount from November 9, 2012 to August 20, 2013.

Reasons

1. Basic facts

A. The plaintiff is a person who is engaged in the production and processing of industrial films under the trade name of "B", and the defendant is a company with the purpose of manufacturing and wholesale and retail business of icop.

B. On January 30, 2012, the Defendant produced a total of 108,000m of protective films (hereinafter “instant protective films”) to the Plaintiff and ordered the Defendant to attach it to the transparent films (T-TPP FILM) provided by the Defendant.

C. On January 12, 2012, the Plaintiff and the Defendant: (a) loaded transparent films with 36,000 meters protective films (hereinafter “the primary shipment”); (b) sent them to the Defendant’s business partner, and completed the work of attaching protective films of 28,000 meters in the Defendant’s transparent film. (d) On February 17, 2012, the Plaintiff submitted to the Defendant a document stating that the aforementioned protective films produced and attached by the Plaintiff were insufficient to lack heat within 140° and 150°; (c) recommended the Defendant to recover the primary shipment portion; and (d) removed the protective films of 28,000 meters which were waiting for shipment from the transparent film; and (d) requested the Defendant to return the shipment portion to the Defendant on the grounds that they were returned to the Defendant on the grounds that they were returned to the Defendant, and (e) requested the Defendant to return the shipment portion to the Defendant on the grounds that they were returned to the Defendant.

[Ground] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 8 through 10 (including additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. In the process of discussing the production of the Plaintiff’s claimed film, the Defendant.